Category: People v. Gutierrez

The California Supreme Court’s opinion People v. Gutierrez, People v. Ramos, People v. Enriquez (S224724, hereinafter Gutierrez) issued on June 1, 2017,[1] has gained more than the usual media coverage for a criminal case.[2] Long-time SCOCA commentator Gerald Uelman was reported as calling the decision “dynamite” and “a profound change.”[3] In Gutierrez, the Court reversed a criminal conviction because it concluded that the prosecutor had excluded a prospective Hispanic juror because of her ethnicity, in violation of People v. Wheeler (1978) 22 Cal.3d 258 (Wheeler)[4] and Batson v. Kentucky (1986) 476 U.S. 79 (Batson).[5] In reviewing a Batson/Wheeler issue, appellate...

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SCOCAblog is a Berkeley Law and Hastings Law Journal publication focused on substantive coverage of the Supreme Court of California. We analyze cases and issues before the court, and report news about the court itself. Our contributors include former justices of the court, academics, and advocates experienced in appellate practice before the state high court.